"There was a discussion this morning, and there has been generally in progressive circles, about expectations that have not been met. I made the point that expectations were high because the president set expectations very high," Romero said.

Asked why he's so animated now, Romero said: "It’s 18 months and, if not now, when? ... Guantanamo is still not closed. Military commissions are still a mess. The administration still uses state secrets to shield themselves from litigation. There's no prosecution for criminal acts of the Bush administration. Surveillance powers put in place under the Patriot Act have been renewed. If there has been change in the civil liberties context, I frankly don't see it."

Many analysts now regard it as unlikely that Guantanamo, which was supposed to close this past January under Obama's presidential order on the subject, will close this year. Romero agreed that if Sept. 11 trials proceed before military commissions at Guantanamo it's hard to see how the prison will close in the year or two after that.

"The unwillingness of the administration to stick by its guns and prosecute the Sept. 11 defendants in criminal court does not bode well for the broader civil liberties agenda," he said. "The fact they've not announced anything raises the specter of doubt that, in itself, is debilitating to the Justice Department and raises serious questions about the administration's commitment to the rule of law. Their silence speaks volumes."